How Can I Prove Negligence in a Car Accident Case?

If you’ve been in a car accident, then there are a number of things that hit you all at once. You might battle with insurance companies and legal authorities in order to determine who was at fault while you simultaneously treat serious injuries or hurt loved ones who depend on you. The potential combination of physical and emotional trauma is a hefty burden for anyone to bear, and you’ll want to be sure you do everything you can do in order to defend yourself, your loved ones, and the future. So how can you prove negligence in a car accident case if the fault lies squarely on someone else’s shoulders? The answer isn’t simple, and the task isn’t easy.

First of all, it’s important to know exactly what constitutes negligence. Being a bad driver isn’t enough. A driver needs to act carelessly or recklessly in a way that puts him or herself, and others, at risk. These actions are usually voluntary, but not always. Is a driver texting while driving? Is a driver intoxicated on alcohol or other substances that can affect decision-making skills and reaction times? Is a driver too tired to drive? Is a driver speeding? Did a driver run a red light or stop sign? Did a driver fail to yield when required to do so? These are all valid examples of negligence. If you can find the right kind of evidence, then you have a proper claim.

It’s not easy to prove that a driver did any of these things during a car accident, but the authorities will always try to find the truth of what happened–as will insurance adjusters on both sides of the conflict. There are things you can do at the outset to move the process along as swiftly as possible. Because police won’t always be present at the scene of the accident right away, you’ll want to be sure to acquire the assistance of witnesses immediately.

Even if you don’t require physical help, ask for it anyway. Don’t let someone who saw the accident wander away before they’ve been able to provide a detailed statement to the authorities who eventually arrive on the scene. These details are often the difference between proving negligence or proving nothing at all.

Keep track of the damage done to your vehicles. Photograph the entire scene, and try to document exactly how bad the accident was. Pictures don’t always do it justice, but your legal counsel can use these as evidence to prove that a negligent driver was speeding or drifting into the wrong lane.

If a driver was intoxicated, then the police will likely sort that out on their own through drug testing on the scene or in the lab. Your lawyer will eventually acquire the police report regarding the accident, and that’s one of the primary reasons why you’ll want to acquire legal representation as soon as possible. Not only will a lawyer ensure you get the right amount of compensation as quickly as possible, but you’ll also be defended from any wrongful accusations that may result. Car accident claims can result in messy conflicts, but the right defense attorney Phoenix can help you strike the proper balance.

Disclaimer

The information presented on this site should not be considered legal advice. The publisher of this site nor any of its contributors warrant the accuracy of the information presented and cannot be held responsible for any incidental or consequential damages resulting from reliance on such information.